Getting Started

The process is relatively simple, but seems overwhelming to the initiate because of the myriad of details to consider. Since the basis of LEARN rests on the principles of self-government, it is also foreign to most Americans, especially local elected officials. In other words, citizens and elected officials, not the bureaucracy, drive the process by finding ways to protect both the environment and their fellow citizens. Local citizens create a local resource or land-use committee initially. Its purpose is to develop and recommend a local natural resource or land-use plan to the local elected governing board. Cities and townships could also do it where state law allows it.

The plan, when developed, will consider how to implement federal environmental and other laws in a way that protects the local culture, custom and economy (called community stability) of the governing jurisdiction. It should include representatives from all segments of the culture from the local community. The committee is not comprised of the planning department, although a member of the planning department can be a member. Nor is the plan a comprehensive zoning plan unless required by law!

It is important that the citizens, not the planning department control the process. The education of most planners centers in a philosophy of command and control solutions and will almost inevitably gravitate to government-controlled, forced compliance solutions that minimize private property rights and individual freedom. However, it is important to include or maintain communication with local planners to avoid conflicts with other local plans.

The committee first explains to the local elected officials the purpose of the committee and plan. When acceptable, the elected officials appoint the committee to this responsibility thereby giving it legal standing. There may be a need to modify the purpose somewhat to satisfy the elected board. However, if the elected officials refuse to sanction the committee, then it is time to elect a new officials that are responsive to the people.

Once appointed by the duly elected board of commissioners, the committee coordinates input from the citizens and builds its first plan, citing the appropriate federal laws that it is addressing. The initial plan does not have to be comprehensive if they must first address an immediate crisis. It is possible to develop a working first plan in a relatively short period. This plan will be ever changing and amended to accommodate newly arising issues. See the example plan from Walla Walla County, Washington. In reviewing this plan remember that it is a plan developed over many years. The initial plan does not have to be as comprehensive as that of Walla Walla's.

At the same time the local elected government writes a certified or registered letter to all federal agencies they expect to interface with requesting to become a "cooperating agency". This letter must cite the appropriate laws that can allow them to participate in the federal decision-making process. These citations can be found by clicking the citations button. The federal agency must accept the local government as a cooperating agency. The President's Council on Environmental Quality has issued a memorandum stating this, which also is found in the citations page.

Once the first plan is completed, citizens and the elected government review and provide input. After making changes, the local government accepts them by resolution or ordinance . Once they are accepted, the federal government must accept the elected government as joint partners in developing implementing regulations at the local level. The elected body can legally designate the resource committee as its representative to meetings of the federal agencies so elected officials do not have to be burdened with the task.

What is so powerful about this approach to local control is that it works! If a state receives funding under the National Environmental Protection Act (NEPA) then state agencies are required to follow the same procedure. When the local government has joint standing, experience has shown that the local government can be much more effective in protecting its citizens from federal and state mandates that negatively affect their citizens while meeting the intent of the law.

The LEARN workbook details how local government can successfully and legally attain joint standing with federal agencies. Examples of enormous success stories are also included. It should work for any form of local government as well.

Taking Your First Steps

The first step is for citizens to form an advisory committee to assist the local government. Your elected officials by law cannot organize this citizen committee themselves. Citizen involvement is critical for the local government to interface and execute the communication and coordination with all state and federal agencies.

1. Normally 2 to 5 citizen leaders, preferably presidents of organizations, meet to organize a resource meeting for the county, township or city and call 25 to 35 citizens to the next meeting. These 25 to 35 citizens represent a cross-section of the customs, culture, economy and environment of the community.

2. This group of people organize themselves into a committee who then ask to be appointed by resolution of their local elected officials to a resource advisory committee.

3. Two things occur after the committee is appointed.

a. With the assistance from the LEARN examples, the elected government sends a registered letter citing the key sections of the laws and regulations to the appropriate federal agencies requesting to become a "cooperating agency" in all their planning processes that affect the jurisdiction of the local government.

b. The resource advisory committee begins to write a resource-use plan or policy for the local government defining the custom, culture and economy of the governing jurisdiction as well as the first few resource issues that must be addressed. The plan can be finished in phases. This is not a zoning plan, but rather a plan to protect key environmental aspects required by federal law, and the custom, culture and economy of the local community.

4. Members within this committee are designated by the local elected government to be a liaison for the elected officials with the state and/or federal agency. While these designated citizens may represent the elected government at federal or state meetings, the final decision-making always resides with the local elected county/township/city officials.

3. The committee as a whole formulates a resource-use plan or policy based on the custom, culture and economy of the community as well as protects the environment as defined by the various environmental laws.

4. The LEARN workbook will guide the citizens and the local government.

John Williams of the Oregon State Extension Service has closely participated, guided and coordinated the “LEARN” concept for Wallowa County in Oregon for nearly ten years. His consistent message is “LEARN Works!” In 2003 the Oregon State Extension Service tasked John with educating all Oregon state county commissioners on the success and legality of the LEARN program. Those counties that already trained believe LEARN to be a solid program that will work for them. John has slowly changed county citizens, federal and state agency personnel to be friends and not enemies using the LEARN approach. John’s job now includes educating all counties in Oregon about the LEARN program!

A major error made by the local government is to seek a “from the hip” legal opinion on the LEARN concept from the state attorney general, before the local government has researched the pertinent federal laws. These federal laws clearly require local involvement. Committee members must present the laws of the National Environmental Protection Act and its corresponding Code of Federal Regulations to their local elected officials to help prevent “from the hip” misunderstandings and errors. A partial list of the important laws citations and presidential executive orders and included below.

Experienced grassroots associations are extremely supportive because they have watched these kinds of positive results. For instance, the Washington State Farm Bureau hired a full time employee for two years to resolve any problems as counties worked to implement their county’s plan. The approach has been so successful that the American Farm Bureau has also approved the LEARN concept.

Unfortunately, unless local citizens pay scrupulous attention to how the law is applied, it becomes perverted. Given uninformed, biased or incorrect information, the majority urbanites began to dictate the lives of the minority through altruistic, but poorly written laws—with disastrous consequences. French statesman Frederic Bastiat explains how this happens in his 1850 book, The Law:

Unfortunately, law by no means confines itself to its proper functions. And when it has exceeded its proper functions, it has not done so merely in some inconsequential and debatable matters. The law has gone further than this; it has acted in direct opposition to its own purpose. The law has been used to destroy its own objective: It has been applied to annihilating the justice that it was supposed to maintain; to limiting and destroying rights which its real purpose was to respect. The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense [of life, liberty, and property] into a crime, in order to punish lawful defense. The law has been perverted by the influence of two entirely different causes: stupid greed and false philanthropy. (Italics added)

Tragically, federal and state agencies often misuse the law in the same way today. The only way the citizens and elected officials of a local community can bring a just application of the law is to apply the law so that they participate in the decision-making process. Therefore, a quick review of a portion of the laws allowing participation by a local government is needed. To review key sections of the pertinent laws and regulations, click on the citations button:

Last Updated 05/30/2007